Coolbroth v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 32, Jan. T., 1904, by plaintiffs, from order of C. P. Clearfield Co., May T., 1903, No. 58, entering judgment for defendant non obstante veredicto in case of Grace Coolbroth and Charles Coolbroth, her husband, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Gordon, P. J. The facts are stated in the opinion of the Supreme Court. Defendant presented, inter alia, the following point: First.
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Appeal, No. 32, Jan. T., 1904, by plaintiffs, from order of C. P. Clearfield Co., May T., 1903, No. 58, entering judgment for defendant non obstante veredicto in case of Grace Coolbroth and Charles Coolbroth, her husband, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Gordon, P. J. The facts are stated in the opinion of the Supreme Court. Defendant presented, inter alia, the following point: First. The court is respectfrilly requested to direct a verdict in favor of the defendant for the following reasons ; 1. Because it appears by the testimony of…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
As this case is presented on the record we will have to re*437verse the judgment for these reasons: 1. The form of the reservation is very unsatisfactory because, from the manner of it, it does not clearly disclose the exact legal question reserved. But assuming that we might get around the informality of the reservation and find that it is good in substance, then, 2. The reservation embraces a mixed question of law and fact. These are the facts as plaintiff avers them and there was some evidence to sustain her averments:
“ On the afternoon of the 29th of August she went…
2Cases cited1 opinion
- Kuntz v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1903
3Cited by30 opinions
- Indianapolis Railways, Inc. v. WilliamsIndiana Court of Appeals · 1945
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Grimes v. Yellow Cab Co.Supreme Court of Pennsylvania · 1942
- McManamon v. Hanover TownshipSupreme Court of Pennsylvania · 1911
- Bottorff v. South Construction Co.Indiana Supreme Court · 1916
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